FRANCK v. HUDSON

No. 10400.

373 P.2d 951 (1962)

Earl F. Franck and Truck Insurance Exchange, a California Corporation, Plaintiffs and Appellants, v. Clarence Hudson, Defendant and Respondent.

Supreme Court of Montana.

Decided August 9, 1962.


Attorney(s) appearing for the Case

Murphy, Robinson & Keller, Kalispell, Robert S. Keller, Kalispell (argued orally), I. James Heckathorn (appeared), Whitefish, for appellants.

Walchli, Korn, Warden & Walterskirchen, Kalispell, Merritt N. Warden (argued orally), for respondent.


CASTLES, Justice.

This is an appeal from a judgment of the district court of the eleventh judicial district. The action was for damages resulting from a collision of plaintiff Franck's logging truck with defendant's cattle.

On September 16, 1958, the defendant, owner of about eighty head of cattle, was herding them along the east side of U.S. Highway 93 with the aid of Walter Johnson.

At a point about one-third of a mile south of Eureka, Montana, the...

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